Part 2 Mandatory Assessment Procedures in respect of Certain Civil Actions (ss. 9-51C)

AI Summary of Part 2 Mandatory Assessment Procedures in respect of Certain Civil Actions (ss. 9-51C)

Version status: | Document consolidation status: Updated to reflect all known changes

Version date: 28 December 2003 - onwards

		Future version	Amendment requiring commencement	Draft proposed change
	Chapter 1 Mandatory applications for assessment (ss. 9-18)
	9. "Relevant claim".
	10. What this Chapter does.
	11. Application for assessment.
	12. Bar on bringing proceedings unless certain conditions are satisfied.
	13. Notification of application to respondent and ascertainment of his or her wishes.
	14. Procedures on foot of notification under section 13.
	15. Procedures if not everyone of 2 or more respondents consents to assessment being made.
	16. Making of, or omission to make, statement referred to in section 14 not an admission of liability.
	17. Discretion of Board not to arrange for making of assessment.
	18. Presumption as to capacity of claimant and respondent.
	Chapter 1A Mediation (ss. 18A-18F)
	18A. Application and definitions.
	18B. Mediation process.
	18C. Mediation outcome and report.
	18D. Appointment of mediators.
	18E. Provisions relating to mediators.
	18F. Power of the Board to make procedural rules relating to mediation.
	Chapter 2 Procedure for assessment (ss. 19-38)
	19. What this Chapter contains.
	20. Assessment.
	21. Section 20: supplemental provisions.
	22. Power to impose charges.
	23. Power to require additional information, etc.
	24. Medical examination of claimant in certain circumstances.
	25. Failure to comply with a request under section 23 or 24.
	26. Powers to request information from third parties.
	27. Section 26: supplemental provisions.
	28. Limited power to require certain other information.
	29. Special provision in relation to vulnerable parties.
	30. Parties to indicate whether or not they accept assessment.
	31. Deemed acceptance or non-acceptance of assessment.
	32. Proceedings to be authorised if assessment not accepted.
	33. Assessment binding on parties unless section 32 applies.
	34. Position of respondent or respondents who do not accept assessment.
	35. Approval of court required for certain assessments.
	36. Authorisation to bring proceedings where assessment not approved.
	37. Certain statements, etc., not to prejudice claimant or respondent.
	38. Enforceability of assessment.
	Chapter 3 Legal status of order to pay, etc. (ss. 39-43)
	39. What this Chapter specifies.
	40. Primary legal effect of order to pay.
	41. Order to pay to operate as satisfaction of claimant's claim.
	42. Application of section 22 of Act of 1961 (claims for contributions between concurrent wrongdoers).
	43. Application of section 18 of Act of 1961.
	Chapter 4 Miscellaneous (ss. 44-51C)
	44. Expenses incurred by claimant.
	45. Fees or expenses where direction referred to in section 30(3) given.
	46. Rules.
	47. Withdrawal of application under section 11.
	48. Assessment of relevant claims where proceedings concerned brought before commencement of section 6.
	49. Assessments to be made expeditiously.
	49A. Assessment of relevant claims where long term prognosis is awaited.
	50. Reckoning of time for purpose of Statute of Limitations, etc.
	51. Non-admissibility of assessment in evidence.
	51A. Costs in proceedings where assessment not accepted by claimant.
	51B. Costs in connection with application under section 11 not taxable.
	51C. Costs in proceedings where claimant or respondent does not comply with request of assessors.

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AI Summary of Part 2 Mandatory Assessment Procedures in respect of Certain Civil Actions (ss. 9-51C)

Part 2 Mandatory Assessment Procedures in respect of Certain Civil Actions (ss. 9-51C)